03-12-91 BZA Minutes ' '� �18 J
MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
March 12, 1991
The regular meeting of the Golden Valley Board of Zoning Appeals was held
Tuesday, March 12, 1991, at 7:30 P.M. in the City Council Chambers, City Hall ,
7800 Golden Valley Road, Golden Valley, Minnesota.
The following Board members were present:
Larry Smith, (Chairman Pro Tem)
Mahlon Swedberg
Herb Polachek, alternate
Absent by prior arrangement, Art Flannagan and Mike Sell . Vice Chair of
Planning Commission to be appointed.
The first order of business was approval of the minutes of a regular meeting
held January 8, 1991, copies of which had previously been distributed to
the Board. (Note: No meeting held February 12, 1991 because of lack of
agenda materials. ) Herb Polachek moved to approve the minutes as written
and presented. Second by Mahlon Swedberg and upon vote carried.
91-3-3 (Map 12) Light Residential
170 Maryland Avenue South
Gary Edelston
The Petition is for waiver of Section:
11.21 Subd. 7 (A) front setback, for 5 feet off the required
35 feet to a distance of 30 feet to the
proposed addition and for Subd. 7. C(1) side
setback for 3 feet off the required 15 feet
to a distance of 12 feet from the east lot
line to the proposed addition at it's
closest point.
The petition was in order. Consent obtained from adjacent neighbors. Mr.
Edelston was present with his designer, Mr. John Kosmos. No others were in
attendance.
Secretary, Lloyd Becker, reviewed the background on this proposal . A similar
waiver request had been heard and approved in 1983. However, construction
did not take place and the waiver expired after one year.
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Board of Zoning Appeals
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March 12, 1991
John Kosmos said other homes along Maryland Avenue had been granted waivers
in the early 1980's to setbacks of 30 feet because of soil conditions and
placement of compacted fill . The homes on the cul de sac were not included
at that time. The compacted fill does extend to the area of the proposed
addition; however, the addition is not another garage stall but rather addi-
tional storage area.
Mr. Kosmos presented large scale site plans showing the footprint of this
dwelling and the others around the cul de sac. Only a small area at one
corner projects into the side setback to within 12 feet of the lot line.
This area totals about 60 square feet. The rest of the structure meets the
side setback. The front side of the addition also projects only a small
amount and the majority of the house meets the required 35 feet setback.
After further review of structural plans and comments from Mr. Edelston,
Mahlon Swedberg moved to approve the waivers as requested, noting the soil
conditions, lot configuration because of the cul de sac and that only a
small part of the addition is in the setback at 12 feet at the closest
point. Second by Herb Polachek who also noted soil conditions and area of
compacted fill that can be built on is minimal . Upon vote motion for
approval carried unanimously.
91-3-4 (Map 23) Industrial
8989 Wayzata Boulevard
Carousel Automobiles
The Petition is for waiver of Section:
11.35 Subd. 7 (A) front setback, for 22 feet off the required
35 feet to a landscape area 13 feet in depth
along the north and west lot lines adjacent
to the highway right-of-way that is land-
scaped, as per BZA 6-13-89. Purpose of the
waiver is to address the existing non-con-
forming setbacks so a fully conforming
addition can by added to the east side as
required for a Conditional Use Permit.
The petition was in order. Consent obtained from adjacent properties. Mr.
Terry Trickett was present to represent Carousel Automobiles. No others
were present.
Secretary, Lloyd Becker, reviewed this proposal with the Board. Carousel
had received certain temporary setback waivers in October, 1986, because of
construction on three (3) sides on I-394. In June of 1989, Carousel again
appeared before the Board and received permanent waivers of setback in some
areas as a result of taking and construction of I-394. The provisions of '
the ordinance for waivers by the Board of Zoning Appeals address the con-
ditions of the property and structures as they exist at the time waivers are
granted and require that any subsequent additions or major changes to those
"conditions" require subsequent action by the Board of Zoning Appeals.
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Board of Zoning Appeals
Page 3
March 12, 1991
The present proposal is to enclose the present service drive-up area and
provide office space above for the owner. The proposed addition itself
meets the required setbacks. Our present Zoning Code requires a Conditional
Use Permit for automobile agencies and repair facilities. Because of the
addition, Carousel Autos is in the process of acquiring a Conditional Use
Permit.
The Board reviewed its previous actions in 1989 and the site plan provided,
for the Conditional Use Permit. Mr. Terry Trickett explained the site plan
and the site improvements done in accordance with previous Board actions.
At the close of discussion, Mahlon Swedberg moved to approve and reaffirm
the previous variance granted and the site plan in conjunction with the
request for a Conditional Use Permit and to allow the construction as pro-
posed and represented by the plans presented. Second by Herb Polachek and
upon vote carried.
There being no further business to come before the Board, it was upon motion,
second, and vote to adjourn at 8:20 P.M.
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Larry Sm th, °ha rman Pro Tem Lloyd G. Becker, Secretary